HARBANS SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present appeal assails the judgment and order dated 05.03.2001, passed by the learned Judge, Special Court, Ludhiana, (hereinafter referred to as the trial Court), whereby, the appellant, Harbans Singh @ Kala, has been convicted for commission of offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, and sentenced to undergo rigorous imprisonment for a period 10 years and to pay a fine of Rupees one lac, and in default of payment of fine, to further undergo rigorous imprisonment for a period of two years. The brief facts of the present case as narrated in para. 2 of the impugned judgment, are reproduced as under: -

(2.) THE prosecution case is that on 1.03.95, a police party headed by PW 5 Inspector Jarnail Singh, the Investigating officer and consisting inter alia of PW 4 ASI Rajinderpal Singh, was present alongwith Allwyn Nissan official vehicle bearing Regn. No. PB -10B -9456, in connection with Nakabandi (picketing), on that point of the culvert of the canal minor within the area of Village Sarabha, from where a metalled road goes from Vill. Pakhowal to Ludhiana. At about 2 a.m., the accused was seen coming on scooter bearing Regn. No. PJB -3344 from the side of Vill. Leel on the embankment of the canal minor. The Investigating officer gave a signal to the accused with a light to stop. Instead of stopping, the accused turned back the scooter and tried to escape. He was apprehended on suspicion. The Investigating officer told the accused that it was suspected that he was in possession of opium and gave him an offer of search before a Gazetted officer or a magistrate. The accused reposed trust in the Investigating officer. His statement Ex. PD was recorded, which was attested by the Investigating officer, ASI Rajinderpal Singh, ASI Darshan Singh and signed by the accused. Thereafter, the Investigating officer searched the scooter of the accused. A faded jhola (bag) was found lying near the foot brake of the scooter. It was searched and found to contain opium wrapped in a glazed paper. Two samples of 10 gms. each out of the same were separated and put in separate empty match boxes. The remaining opium was weighed and found to be 5 kgs. 230 gms., which was wrapped in glazed paper and put in a separate empty tin container. Parcels of the samples and the bulk were prepared which were sealed at the spot by the Investigating officer with his seal bearing letters JS and along with the chits containing specimen impressions of the seal including chit Ex. P1 and the jhola were taken into possession vide memo Ex. PE, which was attested by the Investigating Officer and the aforesaid witnesses. The seal after use was handed over to ASI Rajinderpal Singh. The Investigating officer then sent ruqa Ex. PB to the police station through C. Jagdish Singh on the basis of which formal FIR Ex. PB/1 was recorded by SI Sakattar Singh. The Investigating officer also prepared rough site plan of the place of recovery Ex.PG. Currency notes of Rs. 28/ - were recovered from the personal search of the accused, which were taken into possession vide memo Ex. PF, which was signed by the accused and attested by the Investigating officer and the witnesses. The Investigating officer also furnished ground of arrest to the accused orally. On reaching the police station, the Investigating officer deposited the case property and the chits with MHC Devinder Singh. On the same day, the Investigating officer took the case property from the said MHC and produced it alongwith the accused before the Magistrate vide his application Ex. PH on which the Magistrate passed order Ex. PH/1 and then returned the case property to the Investigating Officer. Thereafter, the Investigating officer deposited the case property with the said MHC. The scooter was taken into possession u/s. 102 of the Cr.P.C. One of the two sample parcels was got tested from the Forensic Science Lab., Pb. Chandigarh and vide its report Ex. PJ was opined to be opium.

(3.) DURING his examination under Section 313 Cr.P.C., the accused -appellant denied the prosecution allegations and pleaded false implication. He stated that he is the husband of the sister of C. Kuldip Singh. There was a dispute between him and his wife. He was called to the police station at the instance of C. Kuldip Singh and compelled to rehabilitate his wife. On refusal, he was falsely implicated in the instant case. In defence, he examined DW -1, Jarnail Singh, Ex. Sarpanch, who deposed that there used to be differences and quarrels between the appellant and his wife. Brother of the wife is a police officer, who took the appellant to PP Jodhan. Jarnail Singh also followed by the police official refused to release the appellant.